Town of Oconomowoc, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 11-16-1987 (Sec. 1.11 of the 1986 Town Code). Amendments noted where applicable.]
[Amended 4-18-2017 by Ord. No. 2017-1]
There is hereby created and established a Municipal Court under the provisions of Ch. 755, Wis. Stats., to be designated as "Municipal Court for the City of Oconomowoc, Town of Oconomowoc, Village of Summit, Town of Merton, Town of Lisbon, Town of Delafield, Town of Erin, Village of Hartland, Village of Oconomowoc Lake, Village of Chenequa, Village of Lac La Belle, Village of Sussex, Village of Merton, Village of Dousman, Village of Nashotah, Village of Sullivan, Village of Johnson Creek, Town of Ottawa, and Town of Ixonia," or so many of those municipalities which enact an ordinance identical to this chapter pursuant to § 755.01(4), Wis. Stats.
Such court shall be under the jurisdiction of and presided over by a Municipal Judge, who shall be an attorney licensed to practice law in Wisconsin and who shall reside in one of the municipalities listed in § 12-1 or those municipalities which enact an ordinance identical to this chapter and enter into an agreement pursuant to § 66.0301, Wis. Stats., for the joint exercise of the power granted under § 755.01, Wis. Stats. Such Municipal Judge shall be elected at large in the spring election for a term of two years commencing on May 1. The first Municipal Judge of this court shall be elected for a term commencing May 1, 1988. All candidates for the position of Municipal Judge shall be nominated by nomination papers as provided in § 8.10, Wis. Stats., and selection at a primary election if such is held as provided in § 8.11, Wis. Stats. The Town Board shall provide for a primary election whenever three or more candidates file nomination papers for such position of Municipal Judge as provided in § 8.11(1)(a), Wis. Stats., and such primary election shall be held on the third Tuesday of February as provided in § 5.02(22), Wis. Stats.
The municipal Clerk of each municipality shall see to the compliance with §§ 5.58(1c), 5.60(1)(b) and (2), 7.10(1)(a), 7.60(4)(a) and 8.10(6)(a), Wis. Stats., to provide for the election of a Municipal Judge under § 755.01(4), Wis. Stats.
The Judge shall, after his election or appointment to fill a vacancy, take and file the official oath as prescribed in § 757.02(1), Wis. Stats., and at the same time execute and file an official bond in the amount of $5,000. The Judge shall not act until his oath and bond have been filed as required by § 19.01(4)(c), Wis. Stats., and the requirements of § 755.03(2), Wis. Stats., have been complied with.
The salary of the Municipal Judge shall be fixed by the governing bodies of the municipalities that created and established this Municipal Court, which shall be in lieu of fees and costs. No salary shall be paid for any time during his term during which such Judge has not executed his official bond or official oath as required by § 755.03, Wis. Stats., and filed pursuant to § 19.01(4)(c), Wis. Stats. The municipalities may, by separate ordinances, resolutions or through the budget process, allocate funds for the administration of the Municipal Court pursuant to §§ 66.0301, Wis. Stats.
The Municipal Judge shall have such jurisdiction as provided by §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided by state law. The Municipal Judge is authorized to issue inspection warrants under § 66.0119, Wis. Stats.
The Municipal Court shall be held in the Council Chambers of the City of Oconomowoc City Hall at 174 East Wisconsin Avenue, Oconomowoc, Wisconsin. The Municipal Court shall be open at such times as determined by the Municipal Judge.
The Municipal Judge may impose punishment and sentences as provided by § 800.09, Wis. Stats., and as provided in the ordinances of the municipalities listed in § 12-1. All forfeitures, fees, penalty assessments and costs shall be paid to the Treasurer of the municipality within which the case arose within seven days after receipt of the money by the Municipal Judge or other court personnel. At the time of the payment, the Municipal Judge shall report to the Treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments and costs, if any.
The Municipal Court herein established shall be operated pursuant to and in compliance with the provisions of Ch. 800, Wis. Stats., and, where applicable, other provisions of the Wisconsin Statutes as referred to in § 12-10 below. The Municipal Judge shall establish, in accordance with § 800.03(3), Wis. Stats.,[1] a schedule of deposits for violations of city, village and Town ordinances, resolutions and bylaws, except traffic regulations which are and shall be governed by § 345.27, Wis. Stats., and boating violations which are and shall be governed by § 23.67, Wis. Stats. Such deposit schedule shall be approved by the respective governing bodies of the municipalities creating and establishing this court and shall be posted in the office of the Municipal Court Clerk and the police departments of the respective communities.
[1]
Editor's Note: Section 800.03, Wis. Stats., was repealed by 2009 Act 402, § 71, effective 1-1-2011.
The procedure in Municipal Court shall be as provided by this chapter and state law, including, but not excluding because of enumeration, Chs. 66, 345, 751, 755, 757 and 800, Wis. Stats.
A. 
The Municipal Judge may impose a sanction authorized under § 800.12(2), Wis. Stats., for contempt of court, as defined in § 785.01(1), Wis. Stats., in accordance with the procedures under § 785.03, Wis. Stats.
B. 
The Municipal Judge may impose a forfeiture for contempt under § 800.12(1), Wis. Stats., in an amount not to exceed $50 or, upon nonpayment of the forfeiture and the penalty assessment under § 165.87, Wis. Stats.,[1] a jail sentence not to exceed seven days.
[1]
Editor's Note: Section 165.87, Wis. Stats., was repealed and renumbered by 1999 Act 9, § 2290v to 2298, effective 10-29-1999. See now § 757.05, Wis. Stats.
The Municipal Court hereby established shall not be abolished while the § 755.01(4), Wis. Stats., agreement is in effect.